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272220Z DIRECTOR 960961

IMMEDIATE CANBERRA.

LIMIT EA/PAMSI/A INFO EA/LGL, CHIEF/EA, DC/BA
(GLUGs} (WNINTEL)

( SECLASSIE AUSTRALIAN. DEMARCHE TO USG REGARDING US LEGISLATTO! NON
DECLAS

SIFICATION

REF: . NONE)

TEXT:

1. ACTION REQUIRED: {PLEASE FAX BY COB 2 OCTJA COPY OF THE
(1995 AUSTRALIAN DEMARCHE} TO THE USG REGARDING LEGISLATION ON_THE
DECLASSIFICATION_OF DOCUMENTS. ‘ADDITIONALLY, WE WOULD APPRECIATE.

STATION’ S RECOLLECTION OF LIAISON’ S REACTION TO THE US LEGISLAT: ON

AS ‘WELL.

* 2: THE<JOHN>F.<KENNEDY>REVIEW BOARD<(JFK>BOARD) ESTABLISHED
*BY THE PRESIDENT TO DECLASSIFY ALL DOCUMENTS RELATING TO THE<JOHN>
*F.<KENNEDY ASSASSINATION>HAS COME ACROSS TWO{AUSTRALIAN } DOCUMENTS
(AND FOUR CIA DOCUMENTS) WHICH THEY WOULD LIKE TO DECLASSIFY WHICH
REVEAL THE EXISTENCE OF AN AGENCY-AUSTRALIAN LIAISON RELATIONSHIP
. THE REVIEW BOARD HAS BROAD AUTHORITY TO DECLASSIFY DOCUMENTS
*RELATED TO THE<JFK>COLLECTION REGARDLESS OF THEIR _COUNTR’
ORIGIN OR THE SENSITIVITY OF THE SUBSTANCE. (IE HAS. COME®TO,-OUR |

‘BR/PANST THE E F AUECRARGAN GOVERMENT.) THE DOCUMENTS ARE THE
PROPERTY OF ¢ ST INSTEAD WE ARE WILLING TO

A ETWEEN
OUR TWO SERVICES * .THE AGENCY DOCUMENTS WHICH MAKE REFERENCE TO
‘\OUR LIAISON RELATIONSHIP WOULD ‘BE: REDACTED TO TAKE OUT ALL
(REFERENCES TO AUSTRALIA.
a! 3. IN OUR EFFORT TO PRESENT A SOLID CASE TO THE<JFK>BOARD,
: MEMO INCLUDES A STRONG ARGUMENT THAT EVEN APPROACHING _ THE

Rostantine ON THE ISSUE OF DECLASSIFICATION OF AN[ AUSTRALIAN)

DOCUMENT WILL STRAIN OUR RELATIONSHIP WITH THEM. OUR ARGUMENT
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WILL ENUMERATE THE THE UNFAVORABLE REACTION THE (AUSTRALIANS) HAVE = -
HAD TO RECENT DISCLOSURES ‘AND AGENCY REQUESTS FOR PERMISSION TO
DISCLOSE INFORMATION PASSED TO US BY THE/AUSTRALIAN..SERVICES.,]-
EXAMPLES WE. INTEND TO CITE INCLUDE THE (DUTY TO WARN ISSUE WHERE
“-AUSTRALIANS).WERE ADAMANT ABOUT NOT GIVING PERMISSION TO a
DISCLOSE THEIR INFORMATION BECAUSE OF SOURCE PROTECTION 16B7ES) ae
THE (ASIS/ CONCERN ABOUT THE BOOK PUBLISHED BY A FORMER AGENCY =~
EMPLOYEE THAT ALLUDES TO_A_LIAISON RELATIONSHIP WITH THE _
STRALIANS,) THE -RECENT{DEMARCHE] EXPRESSING CONCERN THAT A FORMER °
“AGENCY OFFICER ALLEGEDLY DiSCLOSED_CLASSIFIED (AUSTRALIAN, }.
INFORMATION {(AN ALLEGATION THE DDCI ASSURED THE AUSTRALIANS ‘WOULD
CBE THOROUGHLY INVESTIGATED)
(AUS IAN/GOVERNMENT RAISING CONCERNS ABOUT OUR U.S.
DECLASSIFICATION LEGISLATION AND WHETHER THE LEGISLATION PROVIDES:
ADEQUATE_GUARANTEES_ABOUT ‘NOT DISCLOSING INFORMATION.-PASSED TO: US
-BY{FOREIGN SERVICES WITHOUT EXPRESS AUTHORIZATION. FROM SUCH .
(FOREIGN: SERVICES’.| WE WILL ALSO MAKE REFERENCE TO A RECENT. _
APPROACH BY THE| AUSTRALIANS] ASKING FOR OUR OKAY IN THEIR es “ae
DECLASSIFYING SOME OF OUR DOCUMENTS, AND OUR STRONGLY-WORDED ~ _
RESPONSE DENYING PERMISSION AND ARGUING THAT SUCH DISCLOSURE WOULD
BE A BREACH OF TRUST.
* 4. IN ORDER TO BOLSTER OUR POSITION WITH THE<JFK>BOARD
REQUEST STATION] OBTAIN A HARD COPY OF THE (AUSTRALIAN DEMARCHE} ON
THE DECLASSIFICATION LEGISLATION THAT CAN BE ATTACHED TO THE MEMO.
WE BELIEVE THAT SUCH HARD COPY EVIDENCE FROM(THE AUSTRALIANS) WILL .
BOLSTER OUR ARGUMENT SIGNIFICANTLY. . WE ARE UNABLE TO LOCATE THE
ACTUAL TEXT OF THIS {DEMARCHE) IN HOS..
5. THE BOTTOM LINE HERE IS THAT WE DO NOT WANT EVEN TO
APPROACH THE( AUSTRALIANS] ABOUT DECLASSIFYING. THE AFOREMENTIONED
DOCUMENTS. WE HOPE OUR MEMO CONVINCES THE BOARD THAT, IN LIEU OF ©
RELEASING THE DOCUMENTS, SUMMARIES THAT OMIT ALL REFERENCE
(AUSTRALIA) WILL SUFFICE. .
‘6. FYI: OUR FALLBACK POSITION IF THE BOARD TURNS DOWN THE
CONCEPT OF SUMMARIES, IS TO MAKE CLEAR THAT WE: CANNOT RELEASE THE .
AUSTRALIAN] DOCUMENT, EVEN IN REDACTED FORM, WITHOUT(AUSTRALIAN)
PERMISSION; FURTHER, THAT IF WE SEEK AND ARE DENIED DERM SSTON AND
‘THE BOARD NONETHELESS PROCEEDS WITH THE DECLASSIFICATION, 7T WILL
HAVE A TREMENDOUS NEGATIVE IMPACT ON OUR RELATIONSHIP WITH THE
‘AUSTRALIAN SERVICES] IN SUM, OUR GOING-IN POSITION IS WE WANT TO
“AVOID RAISING THE SPECTER WITH THE(AUSSIES) THAT THE AGENCY MAY
HAVE TROUBLE PROTECTING THEIR SECRETS. IF THE “BOARD TURNS DOWN
OUR. INITIAL PROPOSAL AND INSISTS WE SEEK( AUSTRALIAN) PERMISSION TO .
DECLASSIFY, WE WILL DO SO. IN SUCH AN EVENT, OUR LEGAL PEOPLE’
‘BELIEVE A STRONGLY-WORDED DOCUMENT FROM THE| AUSTRALIANS} REFUSING
PERMISSION WOULD PROBABLY PERSUADE THE BOARD NOT TO RELEASE THE _
(AUSTRALIAN]DOCUMENT. WE WILL KEEP YOU ADVISED ON HOW THIS IS
PROGRESSING AND WOULD APPRECIATE ANY FURTHER GRIST FOR THE MILL AS
WE CRAFT OUR MEMO TO THE BOARD AS WELL AS THE TEXT OF THE
{AUSTRALIAN DEMARCHE] ON DECLASSIFICATION LEGISLATION.
__—1.{ FILE: 005-002-004. CL BY; (715410, CL REASON: 1-5(C) ,|
DECLZON:- -X1,--DRV FROM: HUM 2~--84: —
‘CABLETYPE: ~ GECO. STAFF 1.0.2.5
IRELNO: DORELS0100525051
ORIG: EA/PAMSI/A (HERGENR, 39998) ;
REL: _C/EA/PAMSI (HOPTIAK). wi

:) EA/LGL (PATTERSON)

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